Thursday, December 10, 2009

Court Reverses Joliet Smoking Conviction

I rememba hearing about dis chick getting convicted for smoking. I'm happy for her she got justice. If antismokers think smoking in a bar is a crime, then wha would you call mofos in the same bar who get drunk AND dey try to drive around? I guess "serial killers" in comparison to what a smoker does in a bar?

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http://www.suburban chicagonews. com/heraldnews/ news/1928086, 4_1_JO09_ SMOKING_S1- 091209.article

JOLIET -- Late last year, a Will County jury found a Joliet woman guilty of violating the state's smoking ban.

Now a higher court has reversed that decision.

Daniel O'Day, the Peoria lawyer who has represented several local residents and others around the state who have been charged with violating the 2008 law, heard the news Tuesday morning. And he certainly was pleased.

"For a year and a half or more, smokers in Illinois were terrorized by threats of arrest for misdemeanors or petty offenses," O'Day said Tuesday afternoon. "That turned out to be bogus, according to the Illinois Appellate Court."

His client is Kathleen Kane, 56, of 702 Ingalls Ave., Joliet.

One day in March 2008, she was at Woody's, 1008 W. Washington St., Joliet. At the time, Kane worked tending bar there, but she wasn't on the clock when the arrest happened, O'Day said. A Joliet police officer and a representative from the Will County Health Department stopped at the bar and ticketed Kane and others for smoking inside the building, O'Day said.

After Kane was convicted, O'Day filed an appeal.

The higher court ruled Monday that Kane's case should have been handled administratively, not as a criminal matter in the court system.

The fine and court costs totaling $231 will be refunded, O'Day said.

With local co-counsel Ted Hammel, the Peoria lawyer has several similar cases pending in Will County. They'll be in court Dec. 16, he said.

"Now they will have to be dismissed," O'Day predicted.

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